UPDATE: DASD union rejects fact-finder's report

EAST CALN — Leaders of the Downingtown Area Education Association said Thursday members voted to reject the Jan. 28 Pennsylvania Labor Relations Board assigned fact-finder’s report.

“Our members did not find enough value in the fact—finders report to vote in favor of it,” said Craig Krusen, president of the educators’ union. “We will continue to do our jobs and focus on the well-being of our students during these difficult times. Our members will remain steadfast and professional as we continue to deal with the stress of not having the security of a contract. We truly believe that this report can serve as the foundation for a successful and fair agreement as we work diligently with district towards settlement.”

The union’s vote was taken on Tuesday, Feb. 5, four days after the Downingtown Area School District voted 8-1 to accept the fact—finders report.

At the union’s request, the school board agreed to enter the fact-finding process in January. After reviewing the fact-finder’s report, the school board accepted its terms last week. If both sides had accepted the report, it would have become the new teachers’ contract.

“Though it did not address all of our needs, we believe the fact-finder’s report represents a fair and balanced compromise for both parties,” said Jacqueline Fenn, school board member and the spokesperson for the board’s Negotiations Committee. “We had hoped we would be able to resolve our contractual issues so that the remainder of the school year could be spent focusing on the education of the children of this district, rather than in negotiation sessions.”

Because the teachers’ union has rejected the report, it has been made public and the union may have the opportunity to vote again within a five- to 10-day period. If no official second vote is taken, the union’s rejection of the report stands. Since the School Board approved the report, it does not need to hold a second vote.

The fact-finder’s report, drafted by Rochelle K. Kaplan, Esquire, contained the following provisions for a contract:

• The report recommended a contract that would last for four years, from Sept. 1, 2011 to Aug. 31, 2015, offering two and a half years of stability for both sides. “It also gives the parties the ability sooner rather than later to address changes that might occur during the term of the agreement at the bargaining table, in particular, significant increases to health care costs and/or PSERS liability,” said Kaplan in the report.

• Salary: The fact-finder’s recommendation includes a salary freeze for 2011-2012, a retroactive salary increase of 2.95 percent for 2012-2013 school year, an increase of 3.20 percent for 2013-2014, and a salary increase of 3.30 percent for 2014-2015. In the report, Kaplan said, “It also must be said that the salaries in Downingtown are competitive with other school districts. Several of the salaries are ranked at the top in comparing them to the other school districts and others are in the mid-range ranking. Accordingly, there is no basis for the increases beyond those proposed by the District.”

• Payment for professional credit: The fact-finder recommends a cap of $750,000 per year for tuition reimbursement, effective Sept. 1, 2014. The fund would be used to reimburse teachers seeking permanent certification, or in a master’s degree program, or if determined by the superintendent that the course work is needed. Should there be remaining reimbursement dollars in a given year, meaning that the cap has not been reached, the remainder of the fund would be used to reimburse on a first come, first serve basis for coursework beyond the permanent certification or master’s degree program.

• Online instruction: The fact-finder recommended adoption of language gives the district the right to promote, offer, and implement online instruction. Language in the proposal includes an agreement that no teachers will be furloughed as a result of the implementation of online instruction conducted by outside instructors. It was also recommended that the district use its best efforts to provide training so that Downingtown teachers can teach these online courses.

“The fact-finder’s recommendations attempted to address competing goals of each party. We are hopeful that the DAEA membership will take the time to review the report in detail and will reconsider its position,” emphasized Fenn.

The Downingtown Area Education Association has been working under the conditions of the contract that expired on Sept. 1, 2011. The union and the district’s negotiating teams began meeting informally in December 2010, nine months before the expiration of the collective bargaining agreement.

An entire copy of the fact-finder’s report can be downloaded at www.portal.state.pa.us/portal/server.pt?open=514&objID=1416839&mode=2.

For more information on the negotiations process, including previous contract proposals, visit the union website, downingtown.psealocals.org, or the school district’s website, www.dasd.org.